United States v. Lophansky

DICKINSON, District Judge.

This record discloses a question which ordinarily could be best raised as a trial question. The case may, however, be well deemed an exception to the general rule and disposed of on demurrer. The prosecution and defense join in asking such disposition to be made of it, and the indictment has been so framed as to invite a demurrer, by so presenting the facts that the guilt of defendant is presented as wholly a question of law.

The question may be thus formulated: Section 194 of the act of Congress of March 4, 1909, makes it an offense to extract any mail which has been…